Open Season: Trappers score a big win in court

Sunday

Oct 31, 2010 at 12:01 AM

Trappers in Maine and sportsmen nationwide scored a huge victory after a Federal Court of Appeals recently rejected an effort from anti-hunting groups seeking to misuse the Endangered Species Act (ESA) to stop trapping in the state, according to the U.S. Sportsmen's Alliance (USSA). This decision reaffirms a lower court decision that set a precedent against manipulation of the ESA to stop hunting, fishing and trapping, according to Skip Trask of the Maine Trappers Association.

MARC FOLCO

Trappers in Maine and sportsmen nationwide scored a huge victory after a Federal Court of Appeals recently rejected an effort from anti-hunting groups seeking to misuse the Endangered Species Act (ESA) to stop trapping in the state, according to the U.S. Sportsmen's Alliance (USSA). This decision reaffirms a lower court decision that set a precedent against manipulation of the ESA to stop hunting, fishing and trapping, according to Skip Trask of the Maine Trappers Association.

"We are ecstatic and relieved that this lawsuit is no longer a threat to our lifestyle as we prepare to open the 2010 trapping season," said Trask. "The Maine Trappers Association couldn't be happier with this decision. It is much more than just a victory for Maine. This decision will help protect all trapping and other sports from coast to coast. We appreciate the support and guidance of the U.S. Sportsmen's Alliance Foundation (USSAF) legal team and all of our partners."

The anti-hunting groups had originally filed the suit in 2008 against the Maine Department of Inland Fisheries and Wildlife. They had argued that Maine's trapping regulations provided insufficient protection for the Canada lynx, a species listed as threatened under the ESA, and thus required the season to be stopped.

The USSAF, along with the Maine Trappers' Association, Fur Takers of America, National Trappers' Association and several individual sportsmen, intervened in the case on behalf of the state. The groups argued that those seeking to shut down an entire season of trapping (or hunting or fishing) must not only prove the incidental take of an ESA-protected species, but also "irreparable harm" to the population.

In the initial lower court decision, Judge Woodcock concluded that the take of individual members of a reasonably numerous protected species does not necessarily meet the requirement of irreparable harm. He also indicated that the take of lynx occurring in Maine foothold traps, typically catch-and-release incidents, did not constitute irreparable harm in this case. Consequently, Judge Woodcock declined the injunction, and the trapping season was able to take place.

Unhappy with the result, the anti-hunting groups filed an appeal in December, 2009 seeking to reverse Judge Woodcock's decision. The USSAF and the others immediately filed legal briefs in order to defend the major legal victory.

In the unanimous opinion rejecting the appeal, Chief Judge Lynch affirmed Judge Woodcock's findings that the plaintiffs failed to demonstrate the irreparable harm necessary for an injunction. Judge Lynch then went on to criticize the plaintiffs' last-minute request for lesser sanctions restricting trapping. In the lower court, Animal Welfare Institute (AWI) expressly refused that option and instead pursued a full ban on trapping.

"It may well have done so for tactical reasons, preferring to stress the inadequacy of other remedies in order to strengthen its case for injunctive relief against foothold traps," wrote Lynch. "Parties are held to their choices, and AWI's bait-and-switch tactics in the courts are to be deplored, not rewarded."

"It was clear all along that anti-hunters were looking to set a precedent that could be used in state after state to shut down not only trapping, but hunting and fishing as well," said Bud Pidgeon, USSAF president and CEO. "With this strong decision, antis are going to have a far more difficult time doing this."

Village Sports at 737 State Rd. in Westport, at the former familiar location of Bob's Sports Shop, is a new deer-check station for the archery, shotgun and muzzleloader seasons in our Southeast District this fall. Normal hours are noon-6 p.m. Tues.-Sat. The shop will serve as a biological check station during the first week (Nov. 29-Dec. 4) of shotgun season where a MassWildlife technician will be checking the condition and health of the deer and aging them. Hours will be 10 a.m.-6 p.m. Mon.-Sat. during that week.

Dick Turner, who has worked for MassWildlife since The Stone Age, will be operating the check station that week. Dick, I know you're reading this and when you check the health of the deer, feel free to use my joke, "This one's not very healthy. It's dead."

Other area deer-check stations open for all three seasons include: Freetown State Forest; Reedy's Archery Shop, Middleboro; Middleboro Gun Shop, Middleboro; Bob's Bait and Tackle, Taunton; MassWildlife Southeast District Office, Buzzards Bay; and Myles Standish State Forest, Carver. For a complete list of station hours, visit www.masswildlife.org.

There is a heavy mast crop this fall and the woods are full of acorns. To locate deer, find a good stand of white oaks, look for signs where deer have been feeding on the acorns and set up your stand accordingly. Acorns are high in fat and the preferred food of choice for whitetails, which is why during bumper-acorn-crop years, you won't usually find them feeding in fields or old apple orchards. They have no reason to leave the safety of the woods where their favorite food is so plentiful. But the deer prefer the sweeter white acorns over the bitter red acorns. To increase your chances for success this year, find a good stand of white oaks and set up your stand accordingly.

There is rutting behavior going on as bucks are making scrapes and continuing to rub their antlers on small trees and saplings. Scrapes are patches of bare ground where the bucks have scraped the leaves and pine needs down to bare earth with their hooves. They usually urinate in them to attract does and visit them on a cycle to freshen them and check for doe activity. Occasionally a doe will also make a scrape. While the bucks make themselves scarce as hunting pressure increases as the season progresses, concentrate on food sources where the does will be feeding and attracting the bucks. As the main rut kicks into high gear around mid-November, concentrate on the scrape lines.

Sportsmen have a chance to vote out one of the most rabid and notorious anti-gun congressmen at the polls on Tuesday. Frank has earned an "F" rating by the NRA Political Victory Fund (NRA-PVF) in every election for his consistent anti-gun record.

He has voted twice to ban semi-automatic firearms, to regulate gun shows out of business and to allow lawsuits against firearms manufacturers.

In sharp contrast, his opponent, Sean Bielat, is rated an "AQ" by the NRA-PVF for his pro-gun responses to the federal candidate questionnaire, and he is committed to opposing federal gun control and supporting pro-gun reforms.

If you're a gun owner, sportsman, shooter or hunter, the choice is clear. It's time for a change.

Delta Waterfowl will be hosting a "Smoke and Joke" event at Mesa 21 Restaurant, 21 Lindsey St. in Fall River, on Nov. 9 from 5:30-9 p.m. Sponsored by the Old Firehouse Smoke Shop, the event includes dinner and a cigar social with entertainment by Comedian George Demartino. Tickets are $40 and include a membership to Delta Waterfowl. For tickets, call 508-942-5331.

The Waterfowl Heritage Fund is a unique element of Delta's chapter proceeds whereby chapters have discretion over 25 percent of their event net proceeds for activities such as youth hunts, nesting structure programs or by specifically designating it to one of Delta's program activities.

Bob Tetreault of New Bedford, 14, bested more than 600 years of combined fishing experience when he won the tautog derby held recently by the Dartmouth Salt Water Anglers with an 8-pound, 7-ounce fish caught aboard the boat, Fish Tales, with Tony Amaral.

John's Bait and Tackle reported that Adam Ignacio of New Bedford weighed-in a 7-pound, 9-ounce largemouth bass caught on a crankbait at Big Sandy Pond in Plymouth.

New Hampshire's 2010 moose season wrapped up on Sunday with 302 hunters succeeding in taking their moose during the nine-day season.

Marc Folco is the outdoor writer for The Standard-Times. Contact him at openseason1988@aol.com

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